Written Explanations to a Ukrainian Court: Template • DSA GROUP

Written explanations to the court are prepared in different situations. A third party wants to state its position on a claim, a party wants to add arguments, a driver wants to contest a report in an administrative offence case. The rules for these situations differ. Below we explain when the procedural codes allow written explanations to be filed, what to include in them, what evidence to attach, what a template structure looks like and which mistakes to avoid. The law is stated as at 28 October 2026.

When written explanations may be filed

In claim proceedings, participants set out their claims, objections, arguments, explanations and considerations on the subject matter of the dispute in writing exclusively in the statements on the merits of the case (part 1 of Article 174 of the Civil Procedure Code of Ukraine (CPC); part 1 of Article 159 of the Code of Administrative Procedure of Ukraine (CAP); part 1 of Article 161 of the Commercial Procedure Code of Ukraine (CommPC)). Therefore, the law provides for separate written explanations only in the following cases:

Explanations of a third party regarding the claim or the statement of defence. They are filed by a third party not making independent claims, within the time limit set by the court in the ruling opening the proceedings or in a ruling issued at the preparatory hearing (Article 181, part 1 of Article 192 CPC; Article 165, part 1 of Article 176 CAP; Article 168 CommPC). This is one of the statements on the merits of the case (part 2 of Article 174 CPC).
Explanations on the response to the statement of defence and the objections. Other participants in the case, for example a third party, may file them before the end of the preparatory proceedings, unless the court has set a different time limit (part 2 of Article 199 CPC; part 2 of Article 182 CAP).
Additional explanations on a specific issue. The court may allow a participant to file them if the issue arose during the hearing of the case and the court considers it necessary (part 5 of Article 174 CPC; part 5 of Article 159 CAP; part 5 of Article 161 CommPC).
Explanations on procedural issues. They are set out in applications, requests and objections to applications and requests (part 1 of Article 182 CPC; part 1 of Article 166 CAP).
Administrative offence case. The person being brought to liability has the right to give explanations, submit evidence and file requests (Article 268 of the Code of Ukraine on Administrative Offences (CUAO)). Their explanations are one of the pieces of evidence in the case (Article 251 CUAO).

The claimant and the defendant set out their arguments in the statement of defence, the response to the statement of defence or the objections. A party may add arguments on the merits of the dispute outside these documents only with the court’s permission (parts 1 and 5 of Article 174 CPC).

Explanations of a third party: what to include

A third party sets out its arguments and considerations in support of or against the claim; the explanations are signed by the third party itself or its representative (parts 1–2 of Article 181 CPC). The rules on the content of a statement of defence apply to the explanations (part 3 of Article 181, parts 3–6 and 9 of Article 178 CPC), so they state:

the name of the claimant and the case number;
the third party’s details: full name; location or place of residence or stay; postal code; EDRPOU code or taxpayer registration number (RNOKPP) (if there is none – passport series and number); telephone numbers, e-mail and whether it has an electronic cabinet;
the circumstances the third party admits and the claimant’s legal assessment with which it agrees;
objections to the circumstances and legal grounds with which it disagrees – with references to evidence and legal provisions;
a list of the documents and evidence attached, as well as those that cannot be submitted with the explanations, stating the reasons;
if necessary – objections to the amount of the claimant’s court costs and a preliminary calculation of its own court costs.

Copies of the explanations and the attached documents are sent to the other participants in the case at the same time as they are filed with the court. The explanations are accompanied by the evidence and by documents confirming that the copies were sent (parts 4–5 of Article 178 CPC). If the explanations are signed by a representative, a power of attorney or another document confirming their authority is attached (part 6 of Article 178 CPC). The third party must submit its evidence together with the explanations (part 3 of Article 83 CPC).

In administrative proceedings the rules are similar (part 2 of Article 165, parts 2–4 and 7 of Article 162, part 3 of Article 79 CAP); in commercial proceedings – see Article 168 CommPC.

Application, request, additional explanations: formal requirements

Any written application, request or objection must contain (part 1 of Article 183 CPC; part 1 of Article 167 CAP):

the full name of the applicant, their location or place of residence (stay), EDRPOU code (for legal entities) and information on whether they have an electronic cabinet;
the name of the court;
the case number and the surname and initials of the judge, if the proceedings have already been opened;
the substance of the issue to be considered by the court and the applicant’s request;
the grounds of the application;
a list of the attached documents and evidence.

The document is signed by the applicant or their representative (part 2 of Article 183 CPC). If these requirements are not met, the court returns the document without consideration. The court does the same if the document was filed by a person who is required to register an electronic cabinet but has not done so (part 4 of Article 183 CPC). In administrative proceedings, the court returns an application without consideration if its defects make it impossible to consider or if it is manifestly unfounded (part 2 of Article 167 CAP).

If you need to file additional explanations on a specific issue, explain in your request which issue arose during the hearing of the case and why the explanations are necessary (part 5 of Article 174 CPC), and attach the explanations themselves.

Explanations in an administrative offence case

The evidence in the case includes, in particular, the report, the explanations of the person being brought to liability, the explanations of victims and witnesses, an expert opinion, physical evidence, and photo and video recordings (Article 251 CUAO).
The duty to collect evidence lies with the persons authorised to draw up reports (Article 251 CUAO).
Already when the report is being drawn up, the person has the right to submit explanations and comments on its content, which are attached to the report, and to state the reasons for refusing to sign it (Article 256 CUAO).
In court, the person has the right to read the case materials, give explanations, submit evidence, file requests and use the assistance of an advocate (Article 268 CUAO).
The court establishes whether an offence was committed, whether the person is guilty, whether they are subject to liability, whether there are mitigating and aggravating circumstances and whether property damage was caused (Article 280 CUAO). These are the questions your explanations should answer.
The proceedings must be closed, in particular, if there was no event or elements of an offence or if, at the time of the hearing, the time limits for imposing a penalty have expired (paragraphs 1 and 7 of Article 247 CUAO). In cases heard by a court, the general time limit is three months from the day the offence was committed, and for a continuing offence – from the day it was detected. Other time limits apply to certain offences (Article 38 CUAO).

Template structure of a third party’s explanations

Heading: name of the court; case number; judge; claimant and defendant; third party – name, address, EDRPOU code or RNOKPP, telephone numbers, e-mail, information on the electronic cabinet.
Title: “Explanations of a Third Party Regarding the Claim”.
Introduction: “By the ruling of ___, the court joined ___ to case No. ___ as a third party not making independent claims regarding the subject matter of the dispute and set a time limit for filing explanations until ___.”
Admitted circumstances: “The third party admits that ___.”
Objections: “The third party disagrees with ___ because ___ (evidence: ___; legal provisions: ___).”
Attachments: evidence; documents confirming that copies were sent to the participants in the case; a document confirming the representative’s authority, if the explanations are signed by the representative.
Request: “I ask the court to add these explanations and the attached evidence to the case file.”
Date and signature.

Template structure of explanations in an administrative offence case

Heading: name of the court; case number; judge; the person being brought to liability – full name, address, telephone number.
Title: “Written Explanations”.
Introduction: “The court is hearing case No. ___ on bringing me to administrative liability under Article ___ CUAO on the basis of report dated ___, series ___ No. ___.”
Circumstances: “On ___ (date, time, place) the following happened: ___.”
On the evidence: “Regarding the report and other case materials, I state the following: ___ (Articles 251 and 256 CUAO).”
Ground for closure: “___ (paragraph ___ of Article 247 CUAO).”
Attachments: ___.
Request: “I ask the court to close the proceedings in the case on the basis of paragraph ___ of Article 247 CUAO.”
Date and signature.

Common mistakes

a party files “explanations” with new arguments on the merits of the dispute instead of a response to the statement of defence or objections, and without the court’s permission (parts 1 and 5 of Article 174 CPC);
the time limit is missed: for a third party’s explanations it is set by the court (part 4 of Article 181 CPC), and explanations on the response to the statement of defence and the objections are filed before the end of the preparatory proceedings, unless the court has set a different time limit (part 2 of Article 199 CPC);
evidence submitted late: the court does not accept it unless the person shows that they could not submit it in time for reasons beyond their control (part 8 of Article 83 CPC);
copies not sent to the other participants: the court does not take into account evidence without confirmation that copies were sent, except in cases provided for by law (part 9 of Article 83 CPC);
no case number, signature or request – the court will return the document without consideration (part 4 of Article 183 CPC);
in an administrative offence case, the explanations amount to general disagreement without facts and evidence, although the court must establish the circumstances listed in Article 280 CUAO.

Frequently asked questions

Are written explanations evidence?

In civil proceedings, evidence consists of written, physical and electronic evidence, expert opinions and witness testimony (part 2 of Article 76 CPC). A party or third party may, with their consent, be questioned as a witness (Article 92 CPC). In addition, a participant may ask another participant up to ten questions in their first statement on the merits of the case; the answers are given in the form of a witness statement (parts 1 and 3 of Article 93 CPC). In administrative offence cases, the person’s explanations are expressly named as evidence (Article 251 CUAO).

Is a court fee payable?

The Law of Ukraine “On Court Fee” sets no rate for filing explanations: explanations are not mentioned in it at all.

How are explanations filed?

On paper or electronically – through the Unified Judicial Information and Communication System (parts 5–6 of Article 43 CPC). Advocates, legal entities, authorities and the other persons listed in part 6 of Article 14 CPC must register an electronic cabinet.

What if the court summons me to give explanations in person?

Attend the hearing: the court may adjourn it so that a party gives personal explanations, even if that party asked for the case to be heard in their absence (paragraph 5 of part 2 of Article 223 CPC). How summonses are served and what happens if you do not appear is explained in our article on the court summons.

This article is for information only, reflects the law as at 28 October 2026 and is not a substitute for advice on your situation.

Need to prepare explanations for the court? An advocate will analyse the case file, determine in what form and within what time limit to submit your position and prepare the document with evidence → Civil and commercial disputes · Administrative disputes · Challenging administrative rulings and fines.